Crash victim's family files wrongful death complaint

Family of Michael Despin, the city man killed last month in a crash by a man authorities accuse of drunken driving, has filed a wrongful death civil complaint in Worcester Superior Court.

Mr. Despin’s sister, Tracy Abarca, listed as administrator for her brother’s estate, is asking through her lawyer, Richard J. Rafferty, for $10 million. She is suing Adam Bard for wrongful death, negligence and conscious pain and suffering of Mr. Despin in the Oct. 24 fatal crash at Franklin and Grafton streets.

“The reason I filed this, and I am going for so much money, is the total disregard for anyone on the road that night,” Mr. Rafferty said. “We are looking for help from anyone who knows where he was that night.”

Mr. Bard, 28, of 48 Water St., is facing motor vehicle homicide while driving drunk and a litany of motor vehicle charges in Central District Court.

Mr. Despin, a 48-year-old father of three and machinist at Saint-Gobain, was on his way home that night after dropping off a friend. Authorities allege Mr. Bard slammed his red Audi A3 into Mr. Despin’s truck, causing fatal injuries to Mr. Despin.

According to police reports and search warrant affidavits on file in court, a security guard at 48 Water St., Mr. Bard’s building, had seen Mr. Bard that night and thought he was drunk. Mr. Bard was escorted out of the building and told the guard he was going to get picked up by a friend.

Instead, authorities allege, Mr. Bard got into his car and drove off. Police were looking for the car when they received a call from a concerned citizen in the area of Kelley Square. The person saw an Audi drive with the door open, jump a curb and hit a parking meter. Police eventually found the car at the site of the deadly crash.

Mr. Bard’s driving records showed he had got his driver’s license back in July after a one-year revocation; his license had been suspended in the past for other violations.

Mr. Bard’s criminal case continues in court.

Any money possibly recovered in the civil suit would go to Mr. Despin’s children, Mr. Rafferty said. He said the wrongful death suit was filed quickly because he wanted to interview witnesses while the incident remained fairly fresh, and he didn’t want Mr. Bard to be able to liquidate or hide any assets he might have.